[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Notices]
[Pages 36483-36485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17818]


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DEPARTMENT OF THE TREASURY

Customs Service


Announcement of Second Test of General Aviation Telephonic Entry 
(Gate II)

AGENCY: Customs Service, Treasury.

ACTION: General notice.

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SUMMARY: This notice announces Customs plan to conduct a second general 
test to evaluate further the effectiveness of new operational 
procedures regarding the processing of aircraft by way of telephonic 
entry of certain pre-registered, passenger-carrying, general aviation 
aircraft flights entering the United States directly from Canada. This 
second test will expand the scope of participation to ports with one 
full-time inspector and will include approved small charter/air taxi 
aircraft returning with crew members only. This notice invites public 
comments concerning any aspect of the test, informs interested members 
of the public of the eligibility requirements for voluntary 
participation in the test, and describes the basis on which Customs 
will select participants for the test.

EFFECTIVE DATES: Applications will be available and accepted at the 
Customs office located at the Detroit Metropolitan Airport beginning 
July 6, 1998. The test will commence no earlier than August 5, 1998, 
and will be evaluated after 1 year. Comments must be received on or 
before August 5, 1998.

ADDRESSES: Applications to participate in the program test are 
available from and should be mailed to the Detroit Metropolitan 
Airport: U.S. Customs Service, GATE Program Center, International 
Terminal, Detroit Metropolitan Airport, Detroit, Michigan 48242. 
Written comments regarding this notice should be addressed to: U.S. 
Customs Service, Passenger Process Owner, Passenger Operations 
Division, 1300 Pennsylvania Ave., NW, Room 5.4-D, Washington, DC 20229-
0001.

FOR FURTHER INFORMATION CONTACT: Priscilla Frink (202) 927-1323.

SUPPLEMENTARY INFORMATION:

Background

    On November 4, 1996, Customs implemented the General Aviation 
Telephonic Entry (GATE) Program on a test basis to evaluate the 
effectiveness of a new operations procedure regarding the telephonic 
entry of certain pre-registered, passenger-carrying, general aviation 
aircraft flights entering the United States directly from Canada (see 
61 FR 46902, dated September 5, 1996). The test was to last one year 
and the results evaluated. Although the initial test was to be open to 
all eligible flights along the northern border, because of personnel 
constraints and other matters, many flights could not participate in 
the GATE test.
    Accordingly, because the evaluation of the initial test yielded 
only partial results and an analysis of the comments received showed a 
willingness to participate in GATE by the traveling community if only 
the program were more readily available, Customs has decided to conduct 
a second test of GATE. This second test will expand the scope of 
participation to ports with one full-time inspector and will allow 
approved small charter/air taxi aircraft returning with crew members 
only. Customs will implement the second test for not less than 1 year; 
however, the

[[Page 36484]]

test may be extended for an additional time period not to exceed 180 
days.
    For programs designed to evaluate the effectiveness of new 
technology or operational procedures regarding the processing of 
passengers, vessels, or merchandise, Sec. 101.9(a) of the Customs 
Regulations (19 CFR 101.9(a)) implements the general testing 
procedures. This test is established pursuant to that regulation.

I. Description of Proposed Test

The Concept of Telephonic Entry

    Any aircraft arriving in the United States from a foreign airport 
or place is required to (1) give advance notification of its arrival, 
(2) immediately report its arrival to Customs, and (3) land at the 
airport designated by Customs for entry. See, 19 U.S.C. 1433(c) and 
implementing Customs Regulations at 19 CFR Part 122, subparts C and D. 
Individual passengers are also required to report their arrival to 
Customs. See, 19 U.S.C. 1459 and implementing Customs Regulations at 19 
CFR Part 123. Because historical data on certain general aviation 
aircraft (aircraft comprising private and corporate aircraft, and air 
ambulances that have a seating capacity of fifteen or fewer passengers) 
indicated a high degree of compliance with Customs and other federal 
agency reporting laws, Customs developed the GATE program to allow 
certain pre-registered, passenger-carrying flights of such aircraft to 
report their entry telephonically when entering the United States 
directly from Canada. To provide a means for measuring the 
effectiveness of GATE, random inspections were built into the program. 
Thus, the GATE program was designed to combine the proven benefits of 
facilitation and selectivity, thereby freeing valuable Customs 
resources for use in other areas.
    The initial test was implemented at designated airports located 
nation-wide for flights entering the United States directly from 
Canada. (Flights arriving from areas south of the United States that 
were subject to the provisions of Sec. 122.23 (19 CFR 122.23) were not 
eligible for this test). During the test period, pilots gave advance 
notice of their arrival--from a minimum of 3 hours up to a maximum of 
72 hours in advance--to Customs by calling 1-800-98-CLEAR, and approved 
flights received advance clearance to land at a designated airport, 
provided the pilot(s) received a telephonic entry number.

Regulatory Provisions Affected

    During this second GATE test, participants again will be provided 
with a telephonic entry number in lieu of having to comply with normal 
inspection requirements. Accordingly, for test participants the normal 
arrival reporting and landing requirements of Parts 122 and 123 of the 
Customs Regulations (see, 19 CFR Parts 122, subparts C and D, and 123) 
will not be followed. However, participants will still be subject to 
civil and criminal penalties and sanctions for any violations of other 
U.S. Customs laws.

II. Eligibility Criteria

A. Aircraft & Airports

    Only U.S.- and Canadian-registered general aviation aircraft that 
will arrive in the United States directly from Canada are eligible to 
participate in the GATE test. For purposes of this test, the term 
general aviation aircraft means aircraft comprising private and 
corporate aircraft, approved small charter/air taxi aircraft and air 
ambulances that have a seating capacity of fifteen or fewer passengers 
that are returning to the U.S. with crew members only.
    Aircraft transiting Canada are not eligible for this test. Also, 
flights that arrive from areas south of the United States and are 
subject to the provisions of Sec. 122.23 (19 CFR 122.23) are not 
eligible for this test. Further, aircraft that will carry cargo, 
merchandise requiring the payment of Customs duties, restricted or 
prohibited food products or other articles, or monetary instruments in 
excess of $10,000, will not qualify for this test.
    GATE flights will be allowed to land at airports within a port of 
entry and most airports that are located within a reasonable commuting 
distance from a port of entry, provided the local port director having 
jurisdiction over the airport has designated the airport for GATE-test 
use. Although many airport locations have already been approved for 
GATE participation, other airports located outside of a port of entry 
may be approved by the local port director, based on a review of the 
facility after it is requested as a designated airport on an 
application. In such cases, the port director will take the following 
factors into consideration in determining whether to designate an 
airport for GATE-test use:

--Willingness of the airport operator to participate in the GATE test;
--The distance to the airport from the nearest Customs port of entry 
(so that random inspections can be performed), commuting time required 
for Customs officers, and Customs officer safety;
--Whether a secure place to work is provided at the airport; and
--Whether communications equipment is accessible.

B. Persons

    Participation in the GATE test is voluntary. Only U.S. citizens, 
permanent resident aliens of the United States, Canadian citizens, or 
landed immigrants in Canada from Commonwealth countries, and who are 
regular passengers or flight crews of pre-registered flights, will be 
considered for this test. Each applicant must have a ``face to face'' 
inspection with either a U.S. Immigration or Customs officer, which 
clearly demonstrates the person's right to legally enter the United 
States, and must agree to carry all necessary personal identification 
and immigration documents.
    Persons with evidence of a pending or past investigation which 
establishes illegal or dishonest conduct, persons involved in a 
violation of Customs laws (for example, civil, controlled substance 
violations, smuggling), and persons found to be inadmissible under the 
immigration laws of the United States are not eligible for this test.
    Participation in this test will not constitute confidential 
information, and lists of participants will be made available to the 
public upon written request.

III. Test Application Procedure

    General aviation aircraft owners, operators, and pilots who wish to 
have their passenger-carrying flights considered for participation in 
the GATE test should contact the Customs office at Detroit Metropolitan 
Airport in Michigan at the address listed at the front of this document 
to request an application for General Aviation Telephonic Entry Program 
form (Customs Form 442). Applications must be filed with the Customs 
port at Detroit Metropolitan Airport in Michigan 30 days prior to the 
date of the first scheduled flight in order to be considered for 
participation in the GATE test.

Selection Standards

    Applicants will be approved/denied for the GATE test based on 
whether the personnel/aircraft information provided on the CF 442 meets 
all the above eligibility criteria. The port of Detroit, Michigan will 
determine the qualifications of all passengers/pilots/aircraft, and a 
letter approving or denying the test application will be sent to the 
applicant. Aircraft owners/operators must agree not to allow their 
general aviation aircraft to carry

[[Page 36485]]

passengers who are not listed and approved on the application. (To 
allow for the proper accounting of last-minute personnel changes to an 
application already on file with Customs, an Application Addendum form 
must be completed and sent to the Customs office at Detroit 
Metropolitan Airport). Further, aircraft owners/operators must agree 
not to allow persons to carry dutiable/commercial merchandise, 
restricted or prohibited food products or other articles, or monetary 
instruments of $10,000 or more on test flights.
    If an application is denied for any reason other than because a 
particular airport is not designated for GATE-test use (for example, a 
denial based on information concerning passengers, pilots, or the 
aircraft), the applicant may appeal the decision to the Detroit Port 
Director within 10 working days from receipt of the denial letter. If 
the appeal to the Port Director results in another denial, then the 
applicant may appeal directly to the Passenger Process Owner at Customs 
Headquarters within 10 working days from receipt of the second denial 
letter.

IV. Test Evaluation Criteria

    Customs will review all public comments received concerning any 
aspect of the test program or procedures, finalize procedures in light 
of those comments, form problem-solving teams, and establish baseline 
measures and evaluation methods and criteria. After the second test 
period is concluded, evaluations of the test will be conducted and 
final results will be made available to the public upon request.

    Dated: June 26, 1998.
John B. McGowan,
Acting Assistant Commissioner, Office of Field Operations.
[FR Doc. 98-17818 Filed 7-2-98; 8:45 am]
BILLING CODE 4820-02-P